#1 Ninth Circus: OK to force students to remove American Flag clothing
02-27-2014, 07:00 PM
- Join Date
- Jun 2008
Even if your classmates are wearing the Mexican flag and threaten violence against you.
Federal court backs California school that forced students to remove U.S. flag clothing for fear of ethnic violence
A federal appeals court ruled Thursday that school officials in northern California did not violate students' First Amendment rights by forcing them to remove clothing displaying the U.S. flag on Cinco de Mayo, for fear it would provoke a violent reaction from Hispanic classmates.
"School officials anticipated violence or substantial disruption of or material interference with school activities, and their response was tailored to the circumstances," Judge M. Margaret McKeown wrote in the opinion for the three-judge Ninth U.S. Circuit Court of Appeals panel. "As a consequence, we conclude that school officials did not violate the students' rights to freedom of expression, due process, or equal protection."
The court emphasized that "[school officials] did not punish the students" for wearing the flag, but were concerned that it would provoke a violent reaction.
"School officials have greater constitutional latitude to suppress student speech than to punish it," McKeown wrote, adding that "officials did not enforce a blanket ban on American flag apparel, but instead allowed two students to return to class when it became clear that their shirts were unlikely to make them targets of violence. The school distinguished among the students based on the perceived threat level, and did not embargo all flag-related clothing."
The school has a history of racial tension, which the court took into account.
The students' parents are expected to ask the Supreme Court to take up the case. "I was shocked to see the Ninth Circuit would deny the students their First Amendment right of free speech, and particularly their right to express their patriotism, at the expense of people celebrating another nation's pride," attorney William Becker said in response to the decision.
UCLA law professor Eugene Volokh suggested that the court may have correctly applied the law, but unfortunately sanctioned a "heckler's veto" by ruling against the students.
"The school taught its students a simple lesson: If you dislike speech and want it suppressed, then you can get what you want by threatening violence against the speakers," Volokh wrote in his blog, the Volokh Conspiracy. "The school will cave in, the speakers will be shut up, and you and your ideology will win."
02-27-2014, 07:49 PM
Once again Liberals show themselves to be the true racists in this country.
We need to ban speech because these filthy Mexicans that can't control themselves will act violently over a t-shirt. It would have been nicer if that's how they framed their argument.Be Not Afraid.
02-27-2014, 08:43 PM
Question. Does the rule stand for kids wearing t-shirts with the Mexican flag on it?The Obama Administration: Deny. Deflect. Blame.
02-28-2014, 09:07 AM
But I do not see that happening, because for the most part, the American-proud kids that are in school, want to be there, and do not wish to bring shame upon themselves by being arrested for the aforementioned violent incident.
BBSocial Order at the expense of Liberty is hardly a bargain - Marquis de Sade
02-28-2014, 10:04 AM
I can see both sides of this argument. At the core, it is a first amendment thing. I grew up with an American flag in my classrooms, at least in elementary school and later in the classroom of any teacher who was a vet (except science lab classes, which is understandable).
Yet, it was Cinco de Mayo, which I always thought of as sort of a St. Paddy's Day kind of holiday (here, it's a big drinking day, too). I'm reasonably sure that the kids wearing the US flag shirts that day were looking for a confrontation of sorts, and I also hate to reward that kind of thing.
02-28-2014, 01:47 PM
Apparently, those who now threaten violence if they are offended by someone else's apparel must be mollified to prevent tensions, since keeping order trumps the First Amendment, so long as they are a protected minority or espousing a position that aligns with that of the faculty. Thus, you can't threaten any kid caught wearing a Che Guevara t-shirt to school, but that kid can threaten you for wearing a Reagan t-shirt.--Odysseus
Sic Hacer Pace, Para Bellum.
Before you can do things for people, you must be the kind of man who can get things done. But to get things done, you must love the doing, not the people!
02-28-2014, 11:49 PM
It's not about which group is more important. It's about safety and legal responsibility. If you work at a school, then the kids on your watch are legally your responsibility as far as safety goes.
If Mexican students attack others for wearing an American flag shirt or something else flag related, then it's the responsibility of those working at the school to try to break up the fight, call the police, and/or take disciplinary action against the violent student.
It's also their job to try to prevent that type of violence in the first place. It's not fair at all. In all honesty, this is just one more argument in favor of so called school uniforms. Schools that have uniforms designate days when kids can dress down or dress up a certain way. I don't like it, but this is what it's come down to.
02-28-2014, 11:53 PM
03-01-2014, 03:00 AM
American tax dollars pay for the schools.
One of the kids was just wearing a standard Old Navy shirt and others were just wearing clothing that had red, white and blue mixed in with some type of design. This is clearly un-American bullshit.
Will the cafeteria have to ban American Cheese this year for the holiday?
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